Advocates skeptical new police use of force law will save lives

A patrol SUV sits in front of the Oakland Police Department in downtown Oakland.

In August, Governor Gavin Newsom signed into law AB 392: The California Act to Save Lives, which will prohibit police officers from using deadly force unless necessary to prevent serious bodily injury or loss of human life. Currently, the penal code allows police officers to use deadly force in “reasonable” circumstances—a standard legal experts and activists say has allowed officers to kill civilians unnecessarily, without consequence, and too often.

Legal and policing experts throughout the state are reacting to its passage. Legislation sponsor California Assemblymember Shirley Weber (D-San Diego) said she hopes AB 392 will encourage officers to use de-escalation tactics and prevent them from using fear or confusion to justify killing on the job. The new law, she said, is “really about trying to create a culture of policing that is healthier and safer for all communities.”

But some Oakland experts wonder if the legislation, effective January 1, 2020, will be enough. Oakland police officers shot and killed 45-year-old Marcellus Toney in 2017 and 31-year-old Joshua Pawlik in 2018.